Does the pleading of equitable fraud constitute unconscionable or equitable fraud?
Ontario, Canada
The following excerpt is from Norma Irene Jacques v. The Canada Trust Company, Executor and Trustee of the Estate of Norman Otto Hipel, deceased and The Estate of George Hipel, deceased, 2011 ONSC 5259 (CanLII):
Notwithstanding the pleading of "equitable fraud", the plaintiff's evidence, vis-à-vis the defendant, does not reach the level of proving concealment amounting to something unconscionable as is required according to the Guerin v. Canada case cited (reported at 1984 CanLII 25 (SCC), [1984] 2 S.C.R. 335, [1984] S.C.J. No. 45).
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